HOUSE OF LORDS

MINUTES OF PROCEEDINGS

Die Jovis 29° Aprilis 1999

The House met at two oclock.

PRAYERS were read by the Lord Bishop of Blackburn.

Judicial Business

1. Alan Wibberley Building Limited (Respondents) v. Insley (A.P.) (Appellant) The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Order of the Court of Appeal of 13th November 1997 and the Order of Mr Recorder Pardoe of 30th November 1995 be set aside save as to legal aid taxation; that it be declared that the boundary between the appellants and respondents lands ran along the Saveley Green Farm edge of the ditch; that the respondents do pay to the appellant three-quarters of his costs before Mr Recorder Pardoe, his costs in the Court of Appeal and before this House, the amount of such last-mentioned costs to be certified by the Clerk of the Parliaments if not agreed between the parties; and that the costs of the appellant in this House be taxed in accordance with the Legal Aid Act 1988.

2. Governor and Company of the Bank of Scotland (Respondents) v. Brunswick Developments (1987) Limited and another (Appellants) (Scotland) The Report from the Appellate Committee was agreed to; it was ordered and adjudged that the Interlocutors of the First Division of the Court of Session of 25th April 1997 and 21st May 1997 and the Interlocutors of the Lord Ordinary of 16th January 1996 and 6th February 1996 be recalled; that the respondents petition for rectification be dismissed; that the respondents do pay to the appellants their costs in this House, the amount of such costs to be certified by the Clerk of the Parliaments if not agreed between the parties, and their expenses in the Court of Session in respect of the proof before the Lord Ordinary, Lord Hamilton, and the subsequent reclaiming motion; and that the question of any additional fee be remitted to the First Division of the Court of Session, to proceed as accords.

3. Martinez and another (Petitioners) v. Ellesse International SpA (a company incorporated under the laws of Italy) (Respondents) The petition of Conchita Martinez and Advantage International Limited praying for leave to appeal was presented and referred to an Appeal Committee.

4. London & Global Limited (Petitioners) v. Sahara Petroleum Limited (Respondents) The petition of London & Global Limited praying for leave to appeal was presented without payment of the fee, such fee having been waived by the Appeal Committee pursuant to Standing Order XIII; the said petition was referred to an Appeal Committee (lodged 30th November 1998).

5. Stannifer Developments Limited (Appellants) v. Glasgow Development Agency and others (Respondents) (Scotland) The petition of the appellants praying that the time for lodging the statement and appendix and setting down the cause for hearing might be extended to 12th May next (the agents for the respondents consenting thereto) was presented; and it was ordered as prayed (lodged 28th April).

6. Appeal CommitteeThe following Orders were made pursuant to the 28th Report:

Mahomed (Respondent) v. Bank of Baroda (Petitioners) That leave to appeal be refused.

Housing Loan Corporation plc (in Administrative Receivership) (Petitioners) v. William H Brown Limited and others (Respondents) That leave to appeal be refused; that the respondents be at liberty to apply for their costs in accordance with direction 5.1(d), and if the application is granted, that the amount thereof be certified by the Clerk of the Parliaments if not agreed between the parties.

Phelps (A.P.) (Petitioner) v. Mayor etc of the London Borough of Hillingdon (Respondents) That the respondents be invited to lodge objections by 13th May next.

Xydhias (Petitioner) v. Xydhias (A.P.) (Respondent) That the respondent be invited to lodge objections by 13th May next.

10. Papers not subject to parliamentary proceedingsThe following papers were laid before the House and ordered to lie on the Table:

1. Accounts for 199798 of the House of Commons Members Fund, together with the Report of the Comptroller and Auditor General, laid under the House of Commons Members Fund Act 1939;

2. Report for 1998 of the Office of Telecommunications, laid under the Telecommunications Act 1984;

3. Report and accounts for 1998 of the Port of London Authority, laid under the Port of London Act 1968.

Public Business

11. House of Lords BillThe House again resolved itself into a Committee upon the bill; amendments were moved and (by leave of the Committee) withdrawn; the House was resumed.

12. Social security benefitsThe Lord Morris of Manchester asked Her Majestys Government what further action they propose to increase the take-up of social security benefits; after debate, the question was answered by the Baroness Hollis of Heigham.

13. House of Lords BillThe House again resolved itself into a Committee upon the bill; the House was resumed after clause 1 stood part.